Breach of fiduciary duty to clients and unrepresented group members in group proceedings can constitute a breach of the paramount duty to the court under s 16 of the Civil Procedure Act 2010 (Vic). The proportionate liability regime under Part 4AA of the Wrongs Act 1958 (Vic) does not apply to limit compensation orders under s 29 of the Civil Procedure Act 2010 (Vic), which is a remedial power exercisable in the interests of justice rather than a claim for damages. The overarching obligation not to mislead or deceive under s 21 is to be construed consistently with the principles applicable to misleading or deceptive conduct under the Australian Consumer Law. An expert witness who falsely represents compliance with the Expert Code of Conduct and acts as an advocate rather than providing independent opinion contravenes the paramount duty and overarching obligations. The jurisdiction to order compensation under s 29 does not abate upon the death of a contravener.
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